The Reape-Rickett Law Firm – Divorce Myths: Your Spouse Has to Agree to get Divorced

There are many myths and misconceptions about divorce that can cause confusion. One misconception people have is regarding their spouse’s failure to agree to the divorce process or that their spouse “won’t give” them a divorce. This is simply not required in California. A spouse doesn’t need to agree or even respond to the Petition, and you can still get divorced.
While other states have requirements for how long spouses must be separated before they can file, in California either spouse can file a Petition regardless of how long they have been separated. Your spouse doesn’t need to consent, approve, or even be advised before filing for divorce. However, once the Petition has been filed the proverbial clock starts ticking. The Petitioner (person who filed for the divorce) must serve their spouse (the Respondent) with the required forms. Once served, the Respondent has thirty calendar days to file and serve their Response.
In the event the Respondent fails to file and serve a Response within the thirty days, the Petitioner can move forward by requesting the Court enter Respondent’s default. Once the process of a default divorce has begun it is difficult for the Respondent to participate in the divorce, but it is not impossible. The Petitioner can request the Court make orders regarding property division, spousal and child support, as well as child custody and visitation. These requests must be properly pled and are governed by California law. Just because Respondent hasn’t responded doesn’t necessarily mean the Petitioner will be awarded everything. The Petitioner can request a default judgment for dissolution to become officially divorced. It is important to note that in specific situations, the Respondent can request that the default be set aside to allow them to file a response. If set aside, the traditional processes are employed and the matter will proceed accordingly.
Divorce can be overwhelming and it’s essential to have the right information to help you move forward. Contact The Reape-Rickett Law Firm at (888) 846-6166 or visit DivorceDigest.com to speak with an experienced divorce attorney in Santa Clarita to protect you through the process.

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